REPORT TITLE:
Traffic Offenses


DESCRIPTION:
Increases the monetary penalties for reckless driving, failing to
stop for a pedestrian in a crosswalk, and speeding; provides for
mandatory license revocation for leaving the scene of an accident
and for the third offense of failing to stop for a pedestrian in
a crosswalk. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2504
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC OFFENSES. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that Hawaii drivers have
 
 2 become increasingly heedless and reckless on the road, resulting
 
 3 in endangering lives, damaging property, and causing death in
 
 4 some instances.  The legislature further finds that a strong
 
 5 deterrent to careless driving is to stiffen the penalties for
 
 6 reckless driving, speeding, and leaving the scene of an accident,
 
 7 and to establish a penalty for failing to stop for pedestrians in
 
 8 a crosswalk.
 
 9      In 1999, two pedestrian deaths occurred on crosswalks on
 
10 Pali Highway:  on December 2, an eighty year old man was killed
 
11 trying to cross the Highway at Jack Lane, and on June 13, an
 
12 ninety year old woman was killed while crossing at Niolopa Place.
 
13 In fact, from 1994 to September 1999, five people were killed and
 
14 242 people were injured along the six-lane Pali Highway between
 
15 Waokanaka and Wyllie streets.
 
16      The purpose of this Act is to ensure and promote the public
 
17 safety by increasing the penalties for reckless driving, failing
 
18 to stop for a pedestrian in a crosswalk, speeding, and for
 
19 leaving the scene of an accident.
 

 
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 1      SECTION 2.  Section 291-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§291-2  Reckless driving of vehicle or riding of animals;
 
 4 penalty.  Whoever operates any vehicle or rides any animal
 
 5 recklessly in disregard of the safety of persons or property is
 
 6 guilty of reckless driving of vehicle or reckless riding of an
 
 7 animal, as appropriate, and shall be fined not more than [$1,000]
 
 8 $2,000 or imprisoned not more than thirty days, or both."
 
 9      SECTION 3.  Section 291C-12, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c) to read as follows:
 
11      "(c)  The license or permit to drive and any nonresident
 
12 operating privilege of the person so convicted shall be
 
13 immediately revoked."
 
14      SECTION 4.  Section 291C-12.5, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  Any person who violates subsection (a) shall be guilty
 
17 of a class C felony[.] and the license or permit to drive and any
 
18 nonresident operating privilege of the person so convicted shall
 
19 be immediately revoked." 
 
20      SECTION 5.  Section 291C-12.6, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Any person who violates subsection (a) shall be guilty
 
23 of a misdemeanor[.] and the license or permit to drive and any
 

 
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 1 nonresident operating privilege of the person so convicted shall
 
 2 be immediately revoked."
 
 3      SECTION 6.  Section 291C-13, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§291C-13[]]  Accidents involving damage to vehicle or
 
 6 property.  (a)  The driver of any vehicle involved in an accident
 
 7 resulting only in damage to a vehicle or other property which is
 
 8 driven or attended by any person shall immediately stop such
 
 9 vehicle at the scene of the accident or as close thereto as
 
10 possible, but shall forthwith return to and in every event shall
 
11 remain at the scene of the accident until the driver has
 
12 fulfilled the requirements of section 291C-14.  Every such stop
 
13 shall be made without obstructing traffic more than is necessary.  
 
14      (b)  Any person [failing to stop or to comply with the
 
15 requirements of this section under such circumstances] who
 
16 violates subsection (a) shall be fined not more than $100 or
 
17 imprisoned not more than ten days for a first conviction; fined
 
18 not more than $200 or imprisoned not more than twenty days, or
 
19 both, for a second conviction within one year of a first
 
20 conviction; and fined not more than $500 or imprisoned not more
 
21 than six months, or both, for a third conviction within one year
 
22 of a first conviction[.], and after any violation of this
 
23 section, the license or permit to drive and any nonresident
 

 
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 1 operating privilege of the person so convicted shall be
 
 2 immediately revoked."  
 
 3      SECTION 7.  Section 291C-72, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  When traffic-control signals are not in place or not
 
 6 in operation the driver of a vehicle shall yield the right of
 
 7 way, slowing down or stopping if need be to so yield, to a
 
 8 pedestrian crossing the roadway within a crosswalk when the
 
 9 pedestrian is upon the half of the roadway upon which the vehicle
 
10 is traveling, or when the pedestrian is approaching so closely
 
11 from the opposite half of the roadway as to be in danger.
 
12 Violation of this subsection shall be punishable as follows:
 
13      (1)  For the first offense, a fine of $300;
 
14      (2)  For the second offense, a fine of $400; and
 
15      (3)  For the third offense, a fine of $1,000 and immediate
 
16           license revocation." 
 
17      SECTION 8.  Section 291C-102, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§291C-102  Noncompliance with speed limit prohibited.(a)
 
20 No person shall drive a vehicle at a speed greater than a maximum
 
21 speed limit and no person shall drive a motor vehicle at a speed
 
22 less than a minimum speed limit established by county ordinance.
 
23      (b)  The director of transportation with respect to highways
 

 
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 1 under the director's jurisdiction may place signs establishing
 
 2 maximum speed limits or minimum speed limits.  Such signs shall
 
 3 be official signs and no person shall drive a vehicle at a speed
 
 4 greater than a maximum speed limit and no person shall drive a
 
 5 motor vehicle at a speed less than a minimum speed limit stated
 
 6 on such signs.
 
 7      (c)  Violation of subsection (a) shall be punishable as
 
 8 follows:
 
 9      (1)  For the first offense, a fine of $300;
 
10      (2)  For the second offense, a fine of $400; and
 
11      (3)  For the third and each subsequent offense, a fine of
 
12           $1,000."
 
13      SECTION 9.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 10.  This Act shall take effect upon its approval.